JHARKHAND HIGH COURT ISSUES ORDER ON THE STATE OF JHARKHAND AND ORS. V/S BIHARIJI MISHRA

RANCHI, India, Aug. 12 -- Jharkhand High Court issued the following order on July 14:

1. The present interlocutory application has been filed on behalf of the appellants under Section 5 of the Limitation Act, 1963 for condonation of delay of 218 days in filing the instant Letters Patent Appeal challenging the order/judgment dated 12.08.2024 passed by the learned Single Judge in W.P.(S) No.6800 of 2018.

2. The learned counsel for the appellants submits that on 05.10.2024 it came to the knowledge of the concerned department about passing of the impugned judgment dated 12.08.2024 and thereafter on 02.12.2024, a decision was taken by the appellant-department to file Letters Patent Appeal against the impugned judgment. On 04.12.2024, the file was sent to the office of the learned Advocate General for taking opinion which was received on 13.12.2024.

3. It is also submitted that on 18.12.2024, the Department started taking steps for getting the memo of appeal including the grounds drafted which was prepared on 28.01.2025 and subsequently on 31.01.2025 the same was sent for approval of the Secretary of the Department (appellant no.2 herein) who granted approval on 04.02.2025.

4. It is further submitted that on 07.02.2025, the grounds for filing the Letters Patent Appeal were communicated to the office of the concerned State counsel who finally completed the drafting on 30.02.2025.

5. It is also submitted that a telephonic communication with the department was established for providing photo copy of the counter affidavit filed in the writ petition which was received in the office of the concerned State counsel on 20.03.2025 and thereafter the present Letters Patent Appeal was filed on 17.04.2025.

6. It is further submitted that any delay which has occurred in filing of the instant Letters Patent Appeal is not deliberate and intentional. The appeal has the merit which contains good grounds for assailing the impugned judgment. Therefore, the delay of 218 days occurred in filing of appeal may be condoned.

7. Heard the learned counsel for the appellants and perused the materials placed on record.

8. On bare perusal of the record of the case, it appears that the judgment of the learned Single Judge was pronounced on 12.08.2024 and the counsel of the appellants was present on the said date. As such, the appellants were supposed to have the knowledge of the said judgment. The appellants were also well aware of the legal position that a Letters Patent Appeal is to be filed within 30 days from passing of the judgment by the learned Single Judge, however they have filed the instant Letters Patent Appeal on 17.04.2025 after a delay of 218 days. Even the application for obtaining certified copy of the impugned judgment dated 12.08.2024 was filed on 12.06.2025 i.e., after ten months. This clearly suggests that the appellants were quite casual and lethargic in filing the instant appeal.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4q%2BPUkb6UKjzgSlvycbfxaiKavrd52lU68djk6z3o39&caseno=LPA/317/2025&cCode=1&cino=JHHC010131902025&state_code=7&appFlag=)

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